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A34007 The cause of England's misery, or, A brief account of the corrupt practice of the law humbly offer'd to the consideration of the Lords spiritual and temporal, and Commons in Parliament assembled. Collins, Richard. 1698 (1698) Wing C5384; ESTC R37652 9,714 15

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THE CAUSE OF England's Misery Or A Brief ACCOUNT OF THE Corrupt Practice of the LAW HUMBLY Offer'd to the Consideration of the Lords Spiritual and Temporal and Commons in Parliament Assembled London Printed in the Year 1698. England's Misery Or a Brief ACCOUNT OF THE Corrupt Practice of the Law c. GReat Complaints have been publickly made setting forth the wicked Practices of the Professors of the Law and those who have dependance upon the same by which I conceive has been plainly made appear the great Calamity of the People and how Thousands of Families have consequently been ruin'd thereby Yet notwithstanding the Interest of those professing the Law hath been hitherto so great no Care has been taken to redress the same But finding that few particular Instances in Relation to Fact which always makes a greater Impression upon the Minds of Men than a general Notion of things have been given of Matters of this Nature therefore I conceive my self obliged by the Duty I owe to my Native Country as well as in order to my own Preservation to give a brief Account of the evil Usage my self and some Friends have met withal from Persons Professing the Law By which if we Judge by the Rule of Proportion the Misery of the People in General will manifestly appear And that according to the present practice of the Law no Man is safe but liable to be Eaten up and Devoured There 's none concern'd in Merchandice Trade c. But must unavoidably have Disputes some of which will consequently beget Law-Suits which often times are seen to prove as things are now managed to be the Ruin both of the Plaintif and Defendant and many Suits appear to be kept on Foot only to promote the Interest of Attorneys c. all which Evils come to pass principally through the Remisness or rather gross Corruption of the Judges who are intrusted with the Executive part of the Law and want not Power to check and put a stop to all these Evil Practices which spin out as it were the very Bowels of the People So that we who have been for many Ages past the happiest People in the World and even the envy of other Nations are now become the Miserablest People in the Universe only for want of our Laws being duly Executed yet lest it should be said I Caluminate Persons and am not able to prove Matter of Fact I shall give a short Relation of several Matters not long since Transacted some of them very lately which I conceive will fully Demonstrate what I say viz. 1 There was a certain Person came to my House to Lodge and Diet pretending to be a Lady was Recommended to me as such and in some time she became Indebted to me by Moneys Lent c. about 30l for which she gave me Bond then I discovered her to be a Cheat upon which she fled from my House and it was some Years before I found her out then I Arrested her which begot a Law Suit that cost me near 40l yet I am kept out of my Money to this day and tho it was then publickly known this Woman was a profligate Wretch who had escap'd out of New Gate and had several pretended Husbands some of which had been Executed at Tiburne as Fellons yet in this very Suit was admitted as a Pauper at one and the same time both in the Kings-Bench and Chancery tho my Debt as hath been said was upon Bond she produced about 18 Witnesses not one of them appearing to be of any Reputation Nay my own Attorney who knew what Wicked People I had to deal withall and to whom I gave strict orders to be careful of my Business suffer'd me to be Non-suited to my Cost 6l 6s 2. This pretended Lady and her Gang was not satisfied in Engaging me in Two Suits of Law for they and some Lawyers did prompt and excite a Young Man to Sue me whom I had brought up from a Child and put forth an Apprentice at my own proper Cost and Charge tho he had no Just Ground so to do being prompt thereunto by this Gang and some Lawyers as he has since with sorrow confest to me upon which I had him before a Judge but could have no relief but in a little time the Young Man was sensible of his folly and of his own accord came to me and beg'd Pardon for what he had done so we went to the Attorney and order'd him to stop Proceedings Yet now my Attorney brings me in a Bill upon this account tho there was no Proceedings thereupon but his wickedness to me will farther appear which at present I shall wave and go upon other Matter 3. I was Trustee for Two Young Men for several Years and the Account between them and me was Stated by Two Attorneys who Audited the same and set their hands thereunto yet some Years after these unhappy Young Men met with some Lawyers that put them upon Suing of me tho there was not the least Ground for it as in the end it did appear to the High Court of Chancery the Matter having been Twice referred by Order of Court to a Master in Chancery who Audited the Account in the presence of Two Counsellors at Law this Unjust Suit was near 200l Charge to the Young Men to the utter Ruin of one of them who lays his Ruin and I think Justly at the Lawyers Door as the Cause thereof 4. I took out a Writ against a certain Person upon which a Bayliff took him and took Bail of him in his own Name then came to me and swore desperately if I would not give him 40 s. he would let his Prisoner go I not complying with his unreasonable Demands he arrested me whereupon I summon'd him before a Judge who did acknowledge and say I was much abused yet would do me no Justice but seem'd rather to encourage the Bayliff thereby to bring as I suppose more Grist to the Mill so I was glad at last to give the Bayliff 4 l. to be rid of him and secure my Debt 5. The Attorney whom I before did make mention of I did employ in several Businesses for doing which he sent me in a Bill of 13 l. odd Money and in some Months after sent another Bill of 17 l. both referring to one and the same Business and then sent me several threatning Letters that if I did not forthwith pay him he would arrest me upon which I summon'd him before a Judge before whom he appear'd and whisper'd to him and then gave into his Hand another Bill of 25 l. which I never saw otherways than in the Judges Hand whereupon I acquainted his Lordship that I had two Bills before given me either of which I was willing to have tax'd but it would not be granted tho I offer'd to prove that I had paid him 7 l 10 s. and that he charged me with near Five Pound for Counsel Fees which he never disbursed and that he